(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE; (The Belt Railway Company of Chicago

1. Carrier violated the effective Clerks' Agreement when, following an investigation on October 18, 1978, it assessed discipline in the form of a reprimand against the rec
2, Carrier shall now remove the reprimand from Claimant's record and shall clear his record of the charge placed against him and shall pay Claimant three (3) hours' pay at the pro rata rate of his position for attending the investigation.

 OPINION OF BOARD: An investigation was held on October 18, 1978 to determine
 whether Claimant was excessively absent from his duties
 during the month of September, 1978. Specifically, Carrier asserted that he
 failed to perform his assigned duties on September 5, 6, 7, 159 23 and 30, Based
 on the investigative trial record, Carrier concluded that he was excessively absent
 and issued a letter of reprimand, dated October 20, 1978, This disposition was
 appealed.

 In our review of this case, we recognize Carrier's well intentioned efforts to improve Claimant's attendance record and most certainly, view a letter of reprimand as a basic first step in the disciplinary corrective process. Moreover, we do not find was procedurally improper. The notice of investigation was sufficiently clear to permit Claimant an opportunity to prepare an intelligent and coherent defense and the nature of the charges fell within the definition of this rule. Its interpolation at the hearing
On the other hand, we concur with Claimant's contention that Carrier's reference to its February 23 and April 12, 1978 admonitory notices were improperly cited since they were not mentioned in the October 6, 1978 investigative notice or importantly noted and discussed at the October 18, 1978 hearing. Their identification and purported

            Award Number 23301

            -' Docket Number CL-23192 Page 2


submission occurred after the investigation and as such, prejudiced Claimant's right to contest them. The investigation was the forum within which to establish an unmistakable cause-effect relationship between these earlier letters and his implicit obligation to justify future absences.

 Admittedly, without according the April 12, 1978 communication any judicial weight for the reasons aforementioned, we believe the Claimant was on notice to improve his attendance record, but the trial transcript does not contain any data relative to the February 23 sad April 12 prior warnings. If these letters were brought out and developed at the hearing, a foundation would have been established indicating t certificate, except when as employs is hospitalized, involved in as automobile accident or claiming benefits under the sick leave rule. None of these contingencies are present her his absences on the September, 1978 dates. If the February 23 and April 12 letters were properly introduced consistent with our procedural rules, we could conclude by interpretation that he was required to submit a physician's note, concomitant to the time of his absences. From the record, as it presently stands, we cannot infer this requirement and as such, we are constrained by this finding to sustain Claimant's petition.

        FINDINGS; The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds;


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

 CC

 ..

 That the Agreement was violated.

                          A W A R D ~J~" i _ I~


        Claim sustained, ~Coo _r=~!/

                              no C,:;ce _ C.

                              NATIONAL RAILROAD ADJUSTMENP=80AIFD

            ~'' By Order of Third Division'


ATTEST; ~i~
 Executive Secretary

 Dated at Chicago, Illinois, this 15th day of May 1981.